q ON YOUR OWN . . . SOONER (EMANCIPATION)


If you have reached a point where you feel you can no longer live with your parents, you have a couple of options: you can file with the court to have someone besides your parents appointed as a guardian (see Title 14 of the Vermont Statutes Annotated for details); or you can ask the court to emancipate you. The choice to seek either emancipation or a guardianship is a serious one with a number of repercussions. Guardianship allows you to have another family member or family friend stand up as your guardian and can be a less drastic compromise to problems with your parents. Emancipation means the release of a minor from the legal control of his or her parents. If you are 16 years old or older, and feel you cannot live with your parents, you may ask the court to emancipate you. You need to tell the court your name, date of birth, residence, and why you want to be emancipated. You also need to tell the court who your parents are and where they live. To be emancipated, you must have lived separate and apart from your parents, custodians, or guardians for at least three months before the hearing. You must be managing your own financial matters and be able to demonstrate the ability to be self-sufficient in your economic and personal affairs without being on general assistance. You must also have, or be working toward, a high school diploma, GED, or the equivalent. You cannot be under the custody of the Department for Children and Families or the Commissioner of Corrections. Finally, you must show that it is in your best interest that you be emancipated. Emancipation may mean that you no longer qualify to be covered by the health insurance of your parent or guardian. Your parents’ obligation to support you ends if you are emancipated.


Being emancipated does not give you all adult rights. You still may not vote (if you are under 18) or drink. If you commit a crime, you will be tried as an adult without the protection of the juvenile court.


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On Your Own, 2008 Edition


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